Skip to main content icon/video/no-internet
icon backReturn to Entries

Land Use Planning

Land use planning is a process by which land uses are allocated through legal and political decision making; it is a process by which space is made, and it reflects and distributes power over land and people. Land use planning in the United States takes place within a legal framework that reflects the nation's founding as a republic that stood against feudal traditions, instituting the free holding of land by individuals, regardless of background and/or status. There are several nested and tiered layers of law and regulatory delegation of powers over land use by government, which structure how land use can be planned. This entry focuses on land use planning in the United States, which is illustrative of land use planning processes in many other societies.

Constitutional Requirements

The Bill of Rights of the U.S. Constitution contains two important amendments that shape that country's land use planning: the Fifth and the Fourteenth. The Fifth Amendment includes a clause that prohibits the taking of private property for public use without just compensation. The Fourteenth Amendment requires states to provide equal protection and due processes to protect life, liberty, and property for all citizens under law. These requirements mean that the state cannot condemn land for public purpose without compensating the landowner at fair market value and it cannot act arbitrarily to favor one landowner or entity over another.

Article 6 of the U.S. Constitution can also affect land use planning. It declares that federal law prevails over state laws unless federal law violates the U.S. Constitution. The federal government can invoke Article 6 for land use planning issues that affect land across states or promote the public interest, such as power transmission line easements, placement of toxic waste dumps, and other facilities that are deemed in the national interest and for which the federal government can override state and local decision making. A prime example of this power is the siting of the high-level nuclear waste repository in Yucca Mountain, Nevada, by the federal government despite strong opposition in Nevada. After years of controversy, the Obama administration announced in March 2010 that the U.S. Department of Energy was withdrawing its pending license for the Yucca Mountain repository.

State and Local authority

The U.S. Constitution delegates all powers not necessary to the functioning of the federal government to the states. Authority is then delegated from states to cities and counties, which are granted authority over land use by the states. The U.S. Constitution does not mention local governments; local governments are the legal creations of states, which then delegate authority to them. Over time, cities gradually developed independent status from state legislatures, though the extent and type of municipal land use authority depends on whether the city is a general-law city or a home rule (charter) city. Many states have both types of cities. General-law cities are bound by the state's general law, regardless of whether the subject concerns a municipal matter. In this case, state law describes the city's form of government, management structure, personnel matters, election rules, taxation, contracting, and so forth. State statutes prescribe the powers and duties of general-law cities. If something is not allowed by state law, a city cannot do it.

...

  • Loading...
locked icon

Sign in to access this content

Get a 30 day FREE TRIAL

  • Watch videos from a variety of sources bringing classroom topics to life
  • Read modern, diverse business cases
  • Explore hundreds of books and reference titles

Read next

More like this

Sage Recommends

We found other relevant content for you on other Sage platforms.

close

Have you created a personal profile? Login or create a profile so that you can save clips, playlists and searches

close
close
close Signed In to profile You are signed in as:
close
Logged in Institution Institution